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ILR 10 years qual confused?
Posted: Mon Jan 01, 2018 1:00 pm
by patparasa87
Hi Friends,
First I been given permission to stay in UK on 24 Jan 2008 as Tier 1 (student VISA) but because of some personal issue I didn't came to UK until 30th June 2008.
Do I qualified for 10 year long residence on 24 Jan 2018 or 30 June 2018?
Bec HO website says
Your 10-year qualifying period starts from either:
1. when you arrived in the UK with a visa
2.when you were given permission to stay in the UK
All your feedback are respected.
Thanks in advance...
Patparasa
Re: ILR 10 years qual confused?
Posted: Mon Jan 01, 2018 1:10 pm
by makky86
patparasa87 wrote: ↑Mon Jan 01, 2018 1:00 pm
Hi Friends,
First I been given permission to stay in UK on 24 Jan 2008 as Tier 1 (student VISA) but because of some personal issue I didn't came to UK until 30th June 2008.
Do I qualified for 10 year long residence on 24 Jan 2018 or 30 June 2018?
Bec HO website says
Your 10-year qualifying period starts from either:
1. when you arrived in the UK with a visa
2.when you were given permission to stay in the UK
All your feedback are respected.
Thanks in advance...
Patparasa
10 years ILR router start from the date of entry in the UK. If you entered in the UK on 30th June 2008 then you'll complete 10 years on 30th June 2018.
You can apply within 28 days of completing 10 years so you can apply on/after
Saturday, 2 June 2018
https://www.timeanddate.com/date/datead ... ad=28&rec=
Re: ILR 10 years qual confused?
Posted: Mon Jan 01, 2018 1:13 pm
by Rxlcrab
Read the 2nd page of the guidance:
https://www.gov.uk/government/uploads/s ... _11-16.pdf
It basically states that the qualifying period starts from either when you enter the country with a valid visa, or from when you obtained a valid visa AFTER you've entered the country. So I'd imagine June 2018 will be when you can apply for 10-year ILR. Below is the excerpt relevant to your question.
You should apply before the end of your permitted stay in the UK.
There is a qualifying period to complete for a Long Residence application It runs either from
the date on which you entered the UK with a visa;
or, if you did not enter the UK with such a visa, from
the date on which you were first granted permission to remain in the UK.
If you entered the UK with a visa several weeks or more after the date from which it was valid for
use, you may need to apply for an extension of stay to complete the relevant qualifying period.
Re: ILR 10 years qual confused?
Posted: Mon Jan 01, 2018 1:17 pm
by patparasa87
Hi,
Thanks for reply.
But it also says that my 10 years period start from date of which I been given permission to stay in UK.
So in theory I believe am qualify from 24 Jan 2008. If not why HO website say person also qualified in this way as well?.
patparasa
Re: ILR 10 years qual confused?
Posted: Mon Jan 01, 2018 1:23 pm
by patparasa87
Rxlcrab wrote: ↑Mon Jan 01, 2018 1:13 pm
Read the 2nd page of the guidance:
https://www.gov.uk/government/uploads/s ... _11-16.pdf
It basically states that the qualifying period starts from either when you enter the country with a valid visa, or from when you obtained a valid visa AFTER you've entered the country. So I'd imagine June 2018 will be when you can apply for 10-year ILR. Below is the excerpt relevant to your question.
You should apply before the end of your permitted stay in the UK.
There is a qualifying period to complete for a Long Residence application It runs either from
the date on which you entered the UK with a visa;
or, if you did not enter the UK with such a visa, from
the date on which you were first granted permission to remain in the UK.
If you entered the UK with a visa several weeks or more after the date from which it was valid for
use, you may need to apply for an extension of stay to complete the relevant qualifying period.
Hi
Thanks.
This make quite sense to me now. I will consult with my lawyer and see what he say.
thank you all
Re: ILR 10 years qual confused?
Posted: Mon Jan 01, 2018 1:49 pm
by makky86
patparasa87 wrote: ↑Mon Jan 01, 2018 1:17 pm
Hi,
Thanks for reply.
But it also says that my 10 years period start from date of which I been given permission to stay in UK.
So in theory I believe am qualify from 24 Jan 2008. If not why HO website say person also qualified in this way as well?.
patparasa
That is not correct. The Long residency start from the date you entered. ALSO dont just follow solicotors without doing proper research !!!!
https://www.gov.uk/long-residence/eligibility
Your 10-year qualifying period starts from either:
when you arrived in the UK with a visa
This applies to you because you applied outside the UK.
when you were given permission to stay in the UK
The above refers to people who gained legal status (i.e. illegal immigrants for example) while in the UK, such as Discretionary Leave to Remain. This point is NOT relevant to you.